Legal Protection Of The Right Of Freedom Of Prisoners In Prison

Prisoners in prison are still national citizens in essence,but they are special compared to ordinary citizens.According to the nature of the execution of punishment,its rights are subject to certain restrictions,especially the right to personal liberty is greatly limited.Due to the special status of prisoners,it is generally believed that criminals do not have the right to personal liberty.As China's overall economic strength continues to increase,the level of protection of criminals' unclaimed rights continues to increase,the awareness of people's rights is constantly awakened,and the concept of law enforcement is gradually changing.In order to better carry out the social transformation of criminals,the protection of the right to personal liberty of prisoners in prison has made great progress,but there are still many problems to be improved.The full text is divided into four parts.The first part is to start from the research background.Through the combing of the literature,the current status of academic research can be obtained,or the abstract human rights of prisoners in prison can be studied or focused on specific rights,and specific rights.To realize the foundation that requires a certain personal freedom,the research questions are raised and the discussion is made.The second part summarizes the status quo of the protection of the personal freedom of prisoners in prison in China.There are three problems: First,the protection of prisoners' rights in prisons is separated from the social and economic realities.Second,the prison has misunderstandings about the protection of criminals' personal rights.Third,the prison sentenced to prisoners in reality,the criminals lack the right to personal freedom.The third part is based on the central point of this paper.Prisoners in prison should enjoy the right of personal freedom,extending from the general theory of personal freedom to the legal basis for criminals to enjoy personal freedom.The law does not prohibit,that is,freedom,the law deprives the criminals of partial freedom,and the freedoms that do not provide for restrictions are properly enjoyed.In addition,whether it is the modestness of criminal law,the principle of legal authority,the legitimacy of punishment,and the legality of rights,it further demonstrates the right to personal freedom of prisoners.The last part is to conceive the protection path of the prisoner's personal freedom right in prison in combination with the protection of the personal freedom of prisoners in prison in China.It includes both the active and active protection of the criminal's personal freedom,and the relief of the offender's rights.The soundness of the route.